If my employer its owes me 3 paychecks due to his inability to pay, can he fire me for asking for my money?

UPDATED: Sep 8, 2011

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If my employer its owes me 3 paychecks due to his inability to pay, can he fire me for asking for my money?

I called and asked my employer if they had my 3 weeks of pay. They have been claiming inability to pay for the past 3 weeks and I have continued to work with no pay. Today I was told that I would receive 1 paycheck and a pink slip. What about the other 2 and can they fire me because I asked for the money that they owe me?

Asked on September 8, 2011 under Employment Labor Law, Louisiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should consult with an employment attorney:

1) You can clearly sue for any unpaid wages (whether  the company would have the money to pay--i.e. whether they telling the truth about not having money--is a different issue, and one you must consider, but you have the legal right to the money, and therefore could sue).

2) It may well be considered improper or illegal termination to fire someone for stating a claim for wages lawfully owed him or her, so you may also have a cause of action for forward looking wages (at least for some time) or reinstatement.

From what you write, it is worth you time to consult with an attorney. Good luck.

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